“The ABC has three distinct benefits for me and my firm. First, the presentations are informative and address issues relevant to my practice, be it marketing techniques or improving my online presence. Second, I have received referrals from fellow members within my...Read More
-- Robert T. Kiyosaki
The Attorney Breakfast Club has the following seats available. For more information or to reserve your seat, please contact Melramirez@attorneybreakfastclub.com
To reserve your seat, or to learn more, please contact Dina@abcfornetworking.com.Read More
You had to know it would only be a matter of time before we would see drones flying over construction sites. After all, drones have quickly transitioned from being play things for the well-heeled to professional aircraft used by industry professionals. Now providing a cost effective and quick way to acquire needed information, drones in construction can efficiently monitor, survey, map and inspect small and large sites in a fraction of the time it would generally take to do the same thing through more traditional methods.
Referred to as UAVs – unmanned aerial vehicles – drones are beginning to become fixtures in the construction industry as more and more companies begin to incorporate their use in daily operations. And while the FAA maintains that use of UAVs is unauthorized unless limited to recreational or hobby purposes, drone sales have shot up 25% in the last year, with all manner of people buying and flying them.
Risks of Flying Drones
Of course, using them, especially at crowded construction sites, comes with a significant risk of liability. We’ve all seen those news reports of drones crashing into and injuring people and property alike.
WPLG Local 10 News, 2/22/2015
A contractor’s standard commercial general liability (CGL) policy will likely not provide coverage as drones are usually classified as excluded aircraft. If that’s the case, you can obtain a rider cancelling out the exclusion. You can purchase a separate policy but that may be cost prohibitive. Or you can engage a separate company which is licensed and insured as a drone operator.
Using drones in construction comes with serious risks so contractors would do well to first investigate coverage alternatives before taking off with this new idea.Read More
We can all see the signs of a healthier construction economy – more concrete trucks on the road, more houses being remodeled, and more customers at neighborhood Home Depots. But with this surge in construction comes the inevitable appearance of unlicensed contractors. These unscrupulous tradesmen pose as licensed contractors, ready to work at reduced prices. Don’t be fooled by their smooth talk. Do your homework and check to see if the contractor you’re prepared to hire is not only insured but actually licensed to work. Not doing so exposes you to the potential of shoddy if not unfinished work, and little recourse without having to get your construction lawyer involved.
The helpful infographic below points out the active role taken by Florida’s Department of Business and Professional Regulation to address this problem.
Do you know who has to be licensed?Read More
We’ve often written about it – how do you lien a job with multiple direct contracts? Do you file a blanket lien incorporating all the improvements arising out of these several contracts? After all, they’re all related to the same property. How many liens do you need?
Here’s What You Have To Do
You must file a separate lien for each direct contract. Take a shortcut and file only one lien to address various direct contracts on the same property and you could well lose your lien rights. We should know. We recently argued such a case on behalf of our condominium association client and won.
“In a cautionary tale for contractors to dot their i’s and cross all their t’s, a Miami-Dade Circuit Judge has thrown out a lien due to what’s essentially a rookie mistake. The judge delivered a blow to an engineering firm suing a Miami Beach Condominium association for non-payment.”
Don’t Make This Mistake
The judge vacated the lien that had been filed against our client because it failed to comply with applicable Florida law. The engineer had entered into 9 separate contracts for concrete and stucco work, replacement windows, sliding glass doors, cabanas and a new entrance. It then added all the monies still owed under the 9 contracts into one lien, something the law does not allow. Clearly, the consequences for any contractor, or in this case, an engineer, relying on what ended up being a faulty filing to secure payment can be costly. Liens can be filed only within 90 days of work being performed and once those 90 days expire, there’s no fixing the error of having filed just one lien to cover multiple contracts. Don’t make this mistake. Make sure your critical liens are reviewed by a construction lawyer, especially if you’re not totally familiar with the lien law which unfortunately is very unforgiving.Read More
A little competition never hurt anyone. At least, that’s how this group saw it. Our own Alex Barthet along with Sunray Construction Solutions’ Ariela Wagner as well as Warren and Jill Alter, David Satine and Johnathan Bursevich from Alter Surety Group were the team to beat at the Construction Association of South Florida’s Bowling Challenge. Thirty eight teams got together for this amazing networking event that awarded trophies for those teams that placed between first and third, and provided other great prizes for a raffle that benefited The Leukemia and Lymphoma Society. And no, our team didn’t place (this time) but boy, did they have fun trying!Read More
Most construction claims are made up of sums that are in dispute and sums that are not. And generally, the party holding the undisputed sum is holding it for no reason other than to exert leverage. Under Florida construction lien law this need not be tolerated and collecting the undisputed portion of a construction claim is possible.
The Law Is On Your Side
The law states that any person who receives a payment for constructing or altering a permanent improvement to real property must pay, in accordance with the contract terms, the undisputed contract obligation. The failure to pay the undisputed obligation within 30 days after the date the labor, services or materials are furnished and payment for the same became due, shall entitle any person providing such labor, services or materials to certain remedies.
Here’s How It Works
The person not paid an undisputed amount must first file and serve a verified complaint alleging: the existence of a contract to improve real property; a description of the labor, services or materials provided; an allegation that the labor, services or materials were provided in accordance with the contract; the amount of the contract price; the amount, if any, paid pursuant to the contract; the amount that remains unpaid pursuant to the contract; the amount that is undisputed; that the undisputed amount has remained due and payable pursuant to the contract for more than 30 days after the date the labor or services were accepted or the materials were received; and that the person against whom the complaint was filed has received payment on account of the labor services or materials described in the complaint more than 30 days prior to the date the complaint was filed.
After service of the complaint, the court will conduct an evidentiary hearing on the complaint upon not less than 15 days written notice and will explore remedies such as a temporary injunction, prejudgment attachment and such relief as may be appropriate in accordance with the requirements of the law.
What Are You Waiting For
Collecting the undisputed portion of a construction claim is something you can do. The court must provide you a remedy without regard to whether or not irreparable damage has occurred or will occur. Of course, all this does not apply to the extent a bona fide dispute exists regarding any portion of the contract price or in the eventRead More